ORS 475C.009
Definitions for ORS 475C.005 to 475C.525

Text
Annotations

As used in ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525):

(1)

“Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

(2)

“Adult use cannabis item” means:

(a)

A marijuana item; or

(b)

An industrial hemp commodity or product that exceeds:

(A)

The concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, by rule; or

(B)

The greater of:

(i)

A concentration of more than 0.3 percent total delta-9-tetrahydrocannabinol; or

(ii)

The concentration of total delta-9-tetrahydrocannabinol allowed under federal law.

(3)

Intentionally left blank —Ed.

(a)

“Artificially derived cannabinoid” means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae.

(b)

“Artificially derived cannabinoid” does not include:

(A)

A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process;

(B)

Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or

(C)

Any other chemical substance identified by the commission, in consultation with the authority and the department, by rule.

(4)

“Cannabinoid” means any of the chemical compounds that are the active constituents derived from marijuana.

(5)

“Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:

(a)

A mechanical extraction process;

(b)

A chemical extraction process using a nonhydrocarbon-based solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;

(c)

A chemical extraction process using carbon dioxide, provided that the process does not involve the use of high heat or pressure; or

(d)

Any other process identified by the commission, in consultation with the authority, by rule.

(6)

“Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.

(7)

“Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:

(a)

A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;

(b)

A chemical extraction process using carbon dioxide, if the process uses high heat or pressure; or

(c)

Any other process identified by the commission, in consultation with the authority, by rule.

(8)

Intentionally left blank —Ed.

(a)

“Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers.

(b)

“Cannabinoid product” does not include:

(A)

Usable marijuana by itself;

(B)

A cannabinoid concentrate by itself;

(C)

A cannabinoid extract by itself; or

(D)

Industrial hemp.

(9)

“Consumer” means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale.

(10)

“Deliver” means the actual, constructive or attempted transfer from one person to another of a marijuana item, whether or not there is an agency relationship.

(11)

“Delta-9-tetrahydrocannabinol” or “delta-9-THC” means (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H- benzo[c]chromen-1-ol.

(12)

“Delta-9-tetrahydrocannabinolic acid” or “delta-9-THCA” means (6aR,10aR)-1-hydroxy-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H-benzo[c]chromene-2-carboxylic acid.

(13)

“Designated primary caregiver” has the meaning given that term in ORS 475C.777 (Definitions for ORS 475C.770 to 475C.919).

(14)

Intentionally left blank —Ed.

(a)

“Financial consideration” means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.

(b)

“Financial consideration” does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475C.305 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).

(15)

“Homegrown” means grown by a person 21 years of age or older for noncommercial purposes.

(16)

“Household” means a housing unit and any place in or around a housing unit at which the occupants of the housing unit are producing, processing, possessing or storing homegrown marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts.

(17)

“Housing unit” means a house, an apartment or a mobile home, or a group of rooms or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building and that has direct access from the outside of the building or through a common hall.

(18)

“Immature marijuana plant” means a marijuana plant that is not flowering.

(19)

“Industrial hemp” has the meaning given that term in ORS 571.269 (Definitions for ORS 571.260 to 571.348).

(20)

“Licensee” means a person that holds a license issued under ORS 475C.065 (Production license), 475C.085 (Processor license), 475C.093 (Wholesale license) or 475C.097 (Retail license).

(21)

“Licensee representative” means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity.

(22)

Intentionally left blank —Ed.

(a)

“Manufacture” means producing, propagating, preparing, compounding, converting or processing a marijuana item, either directly or indirectly, by extracting from substances of natural origin.

(b)

“Manufacture” includes any packaging or repackaging of a marijuana item or the labeling or relabeling of a container containing a marijuana item.

(23)

Intentionally left blank —Ed.

(a)

“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.

(b)

“Marijuana” does not include:

(A)

Industrial hemp; or

(B)

Prescription drugs, as that term is defined in ORS 689.005 (Definitions), including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005 (Definitions).

(24)

“Marijuana flowers” means the flowers of the plant genus Cannabis within the plant family Cannabaceae.

(25)

“Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.

(26)

“Marijuana leaves” means the leaves of the plant genus Cannabis within the plant family Cannabaceae.

(27)

“Marijuana processor” means:

(a)

A person that processes marijuana items in this state; or

(b)

A person that holds a license issued under ORS 475C.085 (Processor license) and processes industrial hemp commodities or products pursuant to ORS 571.336 (Delivery of industrial hemp to marijuana processor).

(28)

“Marijuana producer” means a person that produces marijuana in this state.

(29)

“Marijuana retailer” means a person that sells marijuana items to a consumer in this state.

(30)

Intentionally left blank —Ed.

(a)

“Marijuana seeds” means the seeds of the plant Cannabis family Cannabaceae.

(b)

“Marijuana seeds” does not include the seeds of industrial hemp.

(31)

“Marijuana wholesaler” means a person that purchases marijuana items in this state for resale to a person other than a consumer.

(32)

“Mature marijuana plant” means a marijuana plant that is not an immature marijuana plant.

(33)

“Medical grade cannabinoid product, cannabinoid concentrate or cannabinoid extract” means a cannabinoid product, cannabinoid concentrate or cannabinoid extract that has a concentration of adult use cannabinoids that is permitted under ORS 475C.620 (Concentration and servings limits) in a single serving of the cannabinoid product, cannabinoid concentrate or cannabinoid extract for consumers who hold a valid registry identification card issued under ORS 475C.783 (Registry identification cardholders).

(34)

“Medical purpose” means a purpose related to using usable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts to mitigate the symptoms or effects of a debilitating medical condition, as defined in ORS 475C.777 (Definitions for ORS 475C.770 to 475C.919).

(35)

“Noncommercial” means not dependent or conditioned upon the provision or receipt of financial consideration.

(36)

Intentionally left blank —Ed.

(a)

“Premises” includes the following areas of a location licensed under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525):

(A)

All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms;

(B)

All areas outside a building that the commission has specifically licensed for the processing, wholesale sale or retail sale of marijuana items; and

(C)

For a location that the commission has specifically licensed for the production of marijuana outside a building, that portion of the location used to produce marijuana.

(b)

“Premises” does not include a primary residence.

(37)

Intentionally left blank —Ed.

(a)

“Processes” means the processing, compounding or conversion of:

(A)

Marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts; or

(B)

Pursuant to ORS 571.336 (Delivery of industrial hemp to marijuana processor), industrial hemp or industrial hemp commodities or products into industrial hemp commodities or products that contain cannabinoids and are intended for human consumption or use.

(b)

“Processes” does not include packaging or labeling.

(38)

Intentionally left blank —Ed.

(a)

“Produces” means the manufacture, planting, cultivation, growing or harvesting of marijuana.

(b)

“Produces” does not include:

(A)

The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or

(B)

The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer.

(39)

“Propagate” means to grow immature marijuana plants or to breed or produce marijuana seeds.

(40)

“Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation.

(41)

“Registry identification cardholder” has the meaning given that term in ORS 475C.777 (Definitions for ORS 475C.770 to 475C.919).

(42)

“Total delta-9-tetrahydrocannabinol” or “total delta-9-THC” means the sum of the concentration or mass of delta-9-THCA multiplied by 0.877 plus the concentration or mass of delta-9-THC.

(43)

Intentionally left blank —Ed.

(a)

“Usable marijuana” means the dried leaves and flowers of marijuana.

(b)

“Usable marijuana” does not include:

(A)

Marijuana seeds;

(B)

The stalks and roots of marijuana; or

(C)

Waste material that is a by-product of producing or processing marijuana. [Formerly 475B.015]

Source: Section 475C.009 — Definitions for ORS 475C.005 to 475C.525, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html.

California:	Codes
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Oregon:	OAR, ORS
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ORS 475C.009 Definitions for ORS 475C.005 to 475C.525

(1)

(2)

(a)

(b)

(A)

(B)

(i)

(ii)

(3)

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(A)

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(C)

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(D)

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(23)

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(24)

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(28)

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(31)

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(33)

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(36)

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(A)

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(37)

(a)

ORS 475C.009
Definitions for ORS 475C.005 to 475C.525